Formation of rights in rem system in civil law of Ukraine and Europe: a comparative analysis and and problematic issues
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
It must be emphasized that the concept of rights in rem in civil law of Ukraine is missing, what can be considered as a significant disadvantage, because such an important legal category should have its not only theoretical but also legislative confirmation. No doubt that this situation creates obstacles in the formation and allocation rules rights in rem as a subsector civil law of Ukraine. Describing the features of legal regulation of proprietary relations in civil law some European countries should pay attention to the reception of Roman regulations. Roman law was known fewest rights in rem,, but the main categories of rights in rem, established lawyers Ancient Rome and now is a necessary foundation for research and development of this type in the legal system of any modern European country. Current European legislation take control of the number and content of rights in rem,. The contents of any rights in rem, regardless of its type based on the basic principle – the rule of the thing. We can conclude that the civil law of Ukraine not only certain types of rights in rem, the contents of which reveal the relevant provisions of the Civil Code of Ukraine, but remains free for those rights that arise in the course of further development of private relations. This approach provides a problem because enough free proclaims the establishment of new types of rights in rem, though the laws, but not mandatory consideration of conceptual approaches, principles, structure of property rights. In our view, it is necessary to first determine in the Civil Code. The system of rights in rem presented in the civil legislation of Ukraine and relevant legal principles on which it is based. need improvement and refinement, coordination and new approaches based on the experience of development of the system of rights in rem in contemporary legislation of European countries
Authors and Affiliations
Inna Sevriukova
Keywords
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